Ladeas v. Carter, 845 S.W.2d 45 (1992)

Citation: Ladeas v. Carter, 845 S.W.2d 45 (1992)
Parent Document: Ladeas v. Carter, 845 S.W.2d 45 (1992)
Jurisdiction: Missouri (state)
Effective Date: 1992-12-15
Original Source: https://www.courtlistener.com/opinion/2429801/ladeas-v-carter/ ↗

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The facts viewed most favorably to the verdict are as follows. Mrs. Carter told the officers she would sign the complaint for trespassing and take whatever means necessary to get plaintiff out of the apartment. She signed the complaint in front of the police officer and plaintiff Ladeas was arrested for trespassing. He was taken out of his apartment and to the police station where he was finger-printed and placed in a cell. He was then removed from the cell for mug shots taken from three different positions. He was required to fill out some papers, his Miranda rights were read to him and he was returned to his cell for approximately one hour. Bail was originally set at $200.00 but none was required when Mr. Ladeas produced his rent receipt. Before leaving, Mr. Ladeas was given a summons by the officer. The officer testified that a copy of the summons stays in the police file and another copy goes to the municipal court. In response to the summons, Mr. Ladeas appeared in court on October 14, 1987, with his attorney. His name was called and he appeared in front of a judge. Thereafter, the prosecutor informed him that the charges had been dismissed. These are the facts that are determinative of whether the evidence was insufficient to prove an action was “commenced” against the plaintiff. This argument was made in the case of Stubbs v. Mulholland,

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